Rogoff v. O'Rourke — 29 N.Y.2d 664

Majority

p. 664

In the Matter of Edward G. Rogoff et al., Respondents, v. Maurice J. O’Rourke et al., Constituting the Board of Elections in the City of New York, Respondents, and Seymour Terry et al., Appellants.

Argued September 7, 1971;

decided September 8, 1971.

p. 665

Robert B. Brady for appellants.

Eugene J. Morris, Joel J. Spector and Saul Rudes for Edward G. Rogoff and Carol A. Goldstein, respondents.

Order affirmed, without costs, upon the ground that the witnesses here involved were qualified to act as subscribing witnesses under subdivision 3 of section 135 of the Election Law, which does not require that such witnesses be enrolled voters in the county in which the petition is circulated.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Breitel, Jasen and Gibson. Taking no part: Judge Bebgan.